Mining Corporations — Duty of Directors—Posting of Accounts — Alternative Obligation. —Under section 1 of the act of April 23, 1830, the directors of mining corporations are required to cause to be posted in the office of the company on the first Monday of each and every month, either a balance-sheet or an itemized account, showing in detail all the matters especially enumerated in that section, but are not required to cause both to be posted.

Id.—Balance-sheet—General Summation of Accounts. — Where the directors of a mining corporation cause to be posted in the office of the corporation, in due time, a paper which is in fact a balance-sheet according to the understanding of merchants and book-keepers, showing a summation or general balance of accounts for the previous month, but not the particular items going to make up the several accounts, it is a sufficient compliance with the law.

Statutory Construction — Transposition of Words. — In the, construction of a statute, words or sentences may be transposed whenever it is necessary to do so, in order that every word may have a practical effect, according to its appropriate meaning.

Id. — Reports op Superintendent — Neglect—Liability op Directors. — The directors of a mining corporation are liable to the liquidated damages provided for in section 3 of the act of April 23,1880, for failure to have the superintendent make the weekly reports provided for in section 1 of the act; and the fact that no penalty is imposed by the statute upon the superintendent for a failure to make such reports does not relieve the directors as the governing body of the corporation from their duty to control the superintendent, and direct him in good faith, under penalty of dismissal, to make the reports required; but they are not liable for the mere neglect of the superintendent without any fault on their part.

Id.—Remedial and Penal Statute — Liquidated Damages — Willful Neglect — Good Faith of Directors.—The act of April 23, 1880, concerning mining corporations, is both remedial and penal in its nature, its general purpose being to secure to stockholders their right to have general information of the manner in which the business of the corporation is being conducted; and in order to justify a recovery of the liqui" dated damages therein provided for, at the suit of a stockholder against the directors for failure to have the reports and accounts made and posted as required by the act, it must appear that there has been a willful and intentional failure to comply with its requirements on their part. Impossibilities are not required of them, but only good faith in their direction to the superintendent to obey the positive requirements of the law.

Id. — Penal Statutes — Object of Law — Giving Effect to Words. — Although penal clauses of statutes ought to be strictly construed, yet when the intent and object of the law is plain, such object must not be defeated by an overnice construction. Common sense must be applied to the terms made use of, in order to avoid an absurdity, and no word is to be eliminated, if a sensible meaning can be given to it, unless the real object of the statute Would” be defeated by giving such word its meaning; but effect must be given to each word, when not to do so is to deprive the law of the vitality necessary to secure respect to its commands.